Made under the Financial Services and Markets Act 2023
16 statutory instruments made using powers in the Financial Services and Markets Act 2023, newest first. Each one is explained section by section in plain English.
The Over the Counter Derivatives (Intragroup Transactions) Regulations 2026
- Department: HM Treasury
- Made under: Financial Services and Markets Act 2023
Amended the EMIR Regulation to establish permanent notification and exemption procedures for intragroup derivative transactions involving UK and overseas entities.
These Regulations amend the retained EU law known as the EMIR Regulation to establish a permanent regime for exempting intragroup over-the-counter (OTC) derivative contracts from clearing and risk-management requirements.
They expand the definition of intragroup transactions to include those involving entities established in any jurisdiction, provided they are part of the same consolidated group and subject to centralized risk procedures.
The instrument applies to financial and non-financial counterparties engaging in derivative trades, requiring them to notify the Financial Conduct Authority (FCA) of intended exemptions and allowing the FCA to object within a 30-day period.
The Financial Services and Markets Act 2023 (Commencement No. 15 and Saving and Transitional Provisions) Regulations 2026
- Department: HM Treasury
- Made under: Financial Services and Markets Act 2023
Commenced the revocation of several articles of the Capital Requirements Regulation and established transitional status protections for central counterparties.
These Regulations bring into force various revocations of assimilated law relating to financial services, specifically targeting sections of the Capital Requirements Regulation (Regulation (EU) No 575/2013).
They establish transitional and saving arrangements for central counterparties (CCPs), allowing certain entities to maintain their status as qualifying central counterparties (QCCPs) during specified periods.
The regulations apply to HM Treasury, credit institutions, investment firms, and CCPs operating within or seeking recognition in the United Kingdom.
The Capital Requirements Regulation (Market Risk Transitional Provision) Regulations 2026
- Department: HM Treasury
- Made under: Financial Services and Markets Act 2023
A new Article 465A was inserted into the retained Capital Requirements Regulation (EU No 575/2013) to mandate a transitional period, running from January 1st to December 31st, 2027, exempting credit institutions and certain investment firms from applying specific new PRA market risk model rules.
These Statutory Instruments, made by the Treasury and coming into force on December 30th, 2026, insert a new Article 465A into the retained Capital Requirements Regulation (Regulation (EU) No 575/2013) to establish a transitional provision for calculating market risk capital requirements.
This provision mandates that credit institutions and Part 4A investment firms must suspend the application of specific, newly introduced PRA rules (concerning internal models and related requirements) between January 1st, 2027, and December 31st, 2027, allowing them time to transition their methodologies before the revocation of the relevant EU-derived provisions takes full effect, with the Treasury retaining the power to extend this period.
The Credit Institutions and Investment Firms (Miscellaneous Definitions) (Amendment) Regulations 2026
- Department: HM Treasury
- Made under: Financial Services and Markets Act 2023
Incorporated updated financial definitions and regulatory activities into UK law to replace revoked EU-derived regulations effective 1 January 2027.
These Regulations amend the Financial Services and Markets Act 2000, the Banking Act 2009, and various pieces of secondary legislation to restate and update definitions relevant to credit institutions and investment firms.
The instrument establishes new legal definitions for terms including 'Part 4A investment firm', 'financial holding company', and 'own funds' to replace those previously derived from EU law.
It applies to financial regulators (the FCA and PRA), UK banks, building societies, investment firms, and their parent undertakings, effectively moving technical definitions from the revoked Capital Requirements Regulation into the UK domestic statute book.
The Financial Services and Markets Act 2023 (Prudential Regulation of Credit Institutions) (Consequential Amendments) Regulations 2025
- Department: HM Treasury
- Made under: Financial Services and Markets Act 2023
The Treasury enacted these Regulations to make resulting amendments to the Banking Act 2009 and various pieces of financial secondary legislation in connection with the revocation of retained EU prudential regulations.
These Regulations, made by the Treasury using powers granted under the Financial Services and Markets Act 2023, introduce consequential amendments to primary and secondary UK financial legislation.
The regulations align existing laws, specifically mentioning the Banking Act 2009 and various 2014, 2019, and 2020 secondary legislation, with the broader changes stemming from the revocation of retained EU law concerning prudential regulation, taking effect on January 1st, 2026.
The Financial Services and Markets Act 2023 (Commencement No. 10 and Saving Provisions) (Amendment) Regulations 2025
- Department: HM Treasury
- Made under: Financial Services and Markets Act 2023
The Treasury amended the 2025 Commencement No. 10 Regulations to save specific permissions granted by the PRA under the Capital Requirements Regulation and maintained the PRA's power to amend related delegated technical standards past January 1st, 2026.
The Treasury enacted these Regulations using powers under the Financial Services and Markets Act 2023 to amend the Financial Services and Markets Act 2023 (Commencement No. 10 and Saving Provisions) Regulations 2025.
The primary goal is to modify how permissions granted by the Prudential Regulation Authority (PRA) under provisions of the Capital Requirements Regulation are treated after their scheduled revocation takes effect on January 1st, 2026, by ensuring certain permissions continue to have effect under relevant sections of the Financial Services and Markets Act 2000 (FSMA 2000) and preserving the PRA’s power to update related delegated technical standards.
The Financial Services (Overseas Recognition Regime Designations) Regulations 2025
- Department: HM Treasury
- Made under: Financial Services and Markets Act 2023
HM Treasury enacted regulations establishing the framework for designating overseas financial recognition regimes, coordinating regulatory functions, and amending secondary legislation governing insurance and short selling.
The Financial Services (Overseas Recognition Regime Designations) Regulations 2025 establish the framework under which HM Treasury can designate the laws and practices of other countries or territories as equivalent to UK financial services and markets law, exercising powers granted by the Financial Services and Markets Act 2023.
The Regulations define what constitutes an 'overseas recognition regime designation,' grant the Treasury power to impose conditions, require decision-making coordination among the Treasury and key regulators (FCA, PRA, Bank of England), and introduce specific information-gathering powers.
Furthermore, the document amends existing legislation regarding insurance and short selling regulations to align them with this new designation regime.
The Financial Services and Markets Act 2023 (Mutual Recognition Agreement) (Switzerland) Regulations 2025
- Department: HM Treasury
- Made under: Financial Services and Markets Act 2023
The Treasury enacted UK regulations to implement the UK-Switzerland Mutual Recognition Agreement for financial services, establishing a register, setting regulator duties, and amending existing laws to facilitate market access for Swiss suppliers starting January 2026.
These Regulations, made by the Treasury using powers under the Financial Services and Markets Act 2023, establish the domestic legal framework necessary to implement the Mutual Recognition Agreement on Financial Services between the UK and Switzerland, effective from January 1st, 2026.
The core of the document details the registration process managed by the FCA for 'Registered Swiss Suppliers,' outlines supervisory and cooperation duties for the FCA, PRA, and Bank of England, and incorporates mechanisms for product intervention, information gathering, supervisory prohibitions, and prudential safeguards specific to services provided under this arrangement, alongside amending related UK legislation like the RAO and the Financial Promotion Order.